JUDGMENT : PARTHIVJYOTI SAIKIA, J. 1. Heard Mr. T. Deuri, the learned counsel appearing for the petitioner. Also heard Mr. M. Dutta, the learned counsel appearing for the respondents. 2. This is an application under Sections 438 and 442 of the BNSS , 2023 challenging the judgment dated 11.06.2024 passed by the learned Addl. Sessions Judge, Barpeta in Criminal Appeal No.43/2023 affirming the judgment dated 10.10.2023 passed by the learned Addl. Chief Judicial Magistrate, Barpeta in N.I. Case No.98/2018. 3. The petitioner borrowed a cash amount of Rs. 4 lakhs from the respondent no.2. In order to repay the said loan, the petitioner issued a cheque bearing cheque No.709292 dated 27.09.2018 from his account bearing number 20218042446 of Allahabad Bank, Panbazar Branch. The respondent no.2 presented the cheque at UCO Bank, Sarthebari Branch for encashment. But on 19.11.2018, the Bank returned the cheque unpaid because of insufficient funds in the account of the petitioner. Therefore, on 03.12.2018, the respondent no.2 issued a notice demanding payment of the money within 15 days of receiving of the said notice. The petitioner did not pay the money though he had received the notice on 08.12.2018. Therefore, the respondent no.2 filed a complaint case under Section 138 of the N.I. Act. 4. During the trial, only the complainant examined himself and exhibited some documents. 5. When the petitioner was examined under Section 313 of the CrPC, he had claimed that he had borrowed a cash amount of Rs.50,000/- only from the respondent no.2 and had issued the said cheque of Rs.4 lakhs bearing cheque No.709292 dated 27.09.2018 as a security cheque. He also claimed that he did not write amount of money in the cheque. 6. After hearing the arguments of both sides, the learned trial court convicted the petitioner under Section 138 of the N.I. Act and sentenced him to undergo rigorous imprisonment of 5 months and further sentenced to pay compensation of Rs.8 lakhs. 7. The petitioner filed an appeal before the learned Sessions Court. The learned Sessions Court affirmed the judgment passed by the learned trial court and dismissed the appeal. 8. Aggrieved by the aforesaid facts, the present revision petition has been filed. 9. I have considered the submissions made by the learned counsel of both sides. 10. At this stage, this Court must remind itself that it is not an appeal. The learned Sessions Court affirmed the judgment passed by the learned trial court and dismissed the appeal. 8. Aggrieved by the aforesaid facts, the present revision petition has been filed. 9. I have considered the submissions made by the learned counsel of both sides. 10. At this stage, this Court must remind itself that it is not an appeal. The revisional jurisdiction of the court under Section 438 of the BNSS , 2023 can be exercised where there is culpable error, non-compliance with the provisions of law, the decision is completely erroneous or where the judicial discretion is exercised arbitrarily. In Amit Kapoor v. Ramesh Chander , (2012) 9 SCC 460 , the Hon’ble Supreme Court has held as under: “18. It may also be noticed that the revisional jurisdiction exercised by the High Court is in a way final and no inter court remedy is available in such cases. Of course, it may be subject to jurisdiction of this Court under Article 136 of the Constitution of India. Normally, a revisional jurisdiction should be exercised on a question of law. However, when factual appreciation is involved, then it must find place in the class of cases resulting in a perverse finding. Basically, the power is required to be exercised so that justice is done and there is no abuse of power by the court. Merely an apprehension or suspicion of the same would not be a sufficient ground for interference in such cases. 20. The jurisdiction of the court under Section 397 can be exercised so as to examine the correctness, legality or propriety of an order passed by the trial court or the inferior court, as the case may be. Though the section does not specifically use the expression “prevent abuse of process of any court or otherwise to secure the ends of justice”, the jurisdiction under Section 397 is a very limited one. The legality, propriety or correctness of an order passed by a court is the very foundation of exercise of jurisdiction under Section 397 but ultimately it also requires justice to be done. The jurisdiction could be exercised where there is palpable error, non-compliance with the provisions of law, the decision is completely erroneous or where the judicial discretion is exercised arbitrarily. The jurisdiction could be exercised where there is palpable error, non-compliance with the provisions of law, the decision is completely erroneous or where the judicial discretion is exercised arbitrarily. On the other hand, Section 482 is based upon the maxim quando lex aliquid alicui concedit, concedere videtur id sine quo res ipsa esse non potest i.e. when the law gives anything to anyone, it also gives all those things without which the thing itself would be unavoidable. The section confers very wide power on the Court to do justice and to ensure that the process of the court is not permitted to be abused.” 11. Sections 438 and 442 of the BNSS , 2023 do not confer a right on an appellant to file revision. But the revisional power is only discretionary with the court to see that the justice is done in accordance with the recognized principles of criminal jurisprudence. 12. Reverting to the case in hand, there is no illegality or impropriety committed by the trial court as well as by the appellate court. The petitioner claimed that he actually borrowed a sum of Rs. 50,000/- only from the respondent no.2 and gave the cheque of Rs. 4 lakhs as a security. These facts are not proved by the petitioner as he did not examine any witnesses. I find that in the instant case there are no grounds for interfering into the judgments passed by the trial court as well as by the appellate court. 13. This Court is of the opinion that this revision petition is devoid of merit and therefore, stands dismissed and disposed of as well. The LCR shall be returned.